Statute of Limitations for an Injured Child

The statute of limitations must be followed when filing a lawsuit. In Illinois, it sets a time limit for how long a person can file a lawsuit after an injury. Once the limitation runs out, the legal claim can get dismissed as untimely.

There are different statutes of limitation for different types of injuries. Generally, a personal injury claim can be filed two years from the injury. However, there are some legal doctrines that can extend this deadline in certain situations but it is better to not rely on them.

The statute of limitations sets the time limit beginning from the date the injury occurred, however, in some situations, courts have legal doctrines that work to extend the statute of limitations. If the person was not able to discover the injury right away, the claim does not accrue until the date the person knows of the injury. This policy protects people who are in a circumstance where they discover the injury after the time limit set by the statute of limitation runs out. It extends the time limit by one year from the date the injury is discovered.

Exception for an injured child

The statute of limitation becomes void if the person who suffered the injury is a minor. In this situation, the statute of limitations does not run out until the person reaches the legal age. This means the time limit for filing a personal injury lawsuit begins from when the child reaches the age of 18 and not from when the personal injury originally occurred.

However, if the personal injury occurred due to medical malpractice, there is a different rule. A medical-malpractice lawsuit should be filed before the 22nd birthday of the juvenile or within eight years of the occurrence that resulted in the injury, depending on what comes first.

Dealing with the statute of limitations can get complicated and risky. If you do not file a lawsuit keeping them in mind, you can lose your privilege to sue the people involved in your personal injury. This is why it is important to refer to an experienced personal injury lawyer for advice.

To fully understand which statute of limitation applies to your situation and whether you may be able to extend the time limit, call Fisk & Monteleone Ltd at 815-962-0044 to consult a qualified attorney as soon as you get injured or discover the injury.